FMLA: The Supervisor’s Role

What is FMLA?

The Family and Medical Leave Act of 1993 is a federal law

Requires employers to provide job-protected leave for employees with qualifying life circumstances

Allows 480 hours of job-protected leave, per fiscal year, for eligible employees

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FMLA Qualifying Conditions

• To care for a new child (either birth or adoption)

• To care for a seriously ill family member (spouse, child, or parent)

• To recover from a qualified serious health condition

• To care for an injured military service member in one’s family

• To address qualifying exigencies arising out of a family member’s deployment

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Eligibility Requirements

Employees must have worked for MSU for a minimum of 12 months

Employees must have worked a total of 1,250 hours within the 12-month period immediately preceding the date that the employee’s leave commences

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Benefits of FMLA

Allows benefits to be maintained for the duration of the employee’s qualifying leave (up to 480 hours)

Protects an employee from disciplinary action for using approved FMLA leave

Holds the employee’s position during an absence for up to 480 hours

Allows the employee flexibility in absences from work:• Consecutive Leave—taken continuously for an extended period of time• Intermittent Leave—taken on an “as needed” basis for short periods of time*• Reduced Leave—allows the employee’s normal schedule to be adjusted to accommodate

the employee’s limited ability to work*

*Employee must be able to perform the essential functions of their position in order to take these types of FMLA leaves.

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When Does FMLA Apply

If the employee is absent more than three (3) days, with the exception of the flu or a cold

If the employee is absent periodically, for a chronic condition

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Supervisor Responsibility Direct the employee to contact the appropriate leave team

associate, to schedule an appointment

Contact the appropriate leave team member, to request that FMLA documentation be sent to the employee

Leave Advisor Contact Information:

Last Names (A-L) Beth Tominski, 884-0188Last Names (M-Z) Sheila Chorey, 884-3652Supervisor Rosemary Huguelet, 884-0162

Notify the internal Human Resource person of any consecutive leave, especially if it will exceed ten days

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The Leave Process Forms and a provisional letter are sent to the employee, and

the department is copied

Employee returns completed documentation to the leave team within 15 days, or the request is denied

Either an approval or denial notice is sent to the employee, and the department is copied

Intermittent FMLA is recertified at six months and renewed at twelve months. Notification is sent to the employee by the leave team, and the department is copied

If a return to work note is required, the employee must present this to the leave team, prior to returning to work, and the department will be notified of it being received

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Time Entry

Intermittent time is recorded by either the employee or the department

Consecutive time, up to ten days, is recorded by the department

A leave of absence form must be submitted by the department, via EBS, if the employee is absent for eleven or more days

Consecutive time, from day eleven on, is recorded by the Human Resources leave team, if the leave form has been received

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Leave Return Process

Employee must submit to HR a release to return to work from their healthcare provider, five days prior to their return date

This release must address whether the employee can perform the essential functions of their position (i.e., restrictions)

HR will notify and provide the appropriate documentation to the department of when the employee can officially return to work

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Points of Interest FMLA may be effective after three (3) absences, but a leave of

absence is effective after ten absences

Family Sick and FMLA are not interchangeable, but they may run concurrently

FMLA Form #2, Certification of Health Care Provider, for Employee’s Serious Health Condition, is no longer available at the HR website

Current FMLA Forms are on the HR website (except form #2)

Outdated forms will not be approved

If the validity of the documentation is questionable, MSU will exercise it’s right to have the employee, or their family member, get a second opinion

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Customer Service

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To optimize the customer service that can be provided, we ask that employees be directed to contact us, in advance, to

schedule an appointment, prior to their arrival

Leave Advisor Contact Information:

Last Names (A-L) Beth Tominski 884-0188Last Names (M-Z) Sheila Chorey 884-3652Supervisor Rosemary Huguelet 884-0162

Family Medical Leave Act Forms (FMLA)

http://www.hr.msu.edu/timoffleave/supportstaff/FMLAforms.htm

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Contact Leave Advisor to request Form 2

Form 1: Notice of Eligibility; Rights and Responsibilities and Designation Notice

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Form 2: Certification by Health Care Provider for Employee’s Serious Health Condition

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Available from your Leave Advisor. *Job Description Must Be Attached*

Form 3: Certification of Health Care Provider for Family Member’s Serious Health Condition

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